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10A Action 2019 0520
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10A Action 2019 0520
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5/14/2019 5:52:20 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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5/20/2019
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File Number: 19-271 <br />of all rents in effect in the Mobilehome Park at the time the Mobilehome Space is rented. <br />Base rents under the Ordinance may change under other circumstances such as expiration of an <br />exempt lease. <br />Space Rent Increase Cap <br />Establishes an annual rent increase, which is the lesser of the increase to the applicable <br />Consumer Price Index (CPI) defined in the Ordinance or four percent (4%) once in a twelve (12) <br />month period. <br />Requires that Mobilehome Park Owners provide written notice of rent increase or capital <br />improvement/replacement pass-through charges to the City’s Rent Review Officer and each <br />affected Mobilehome Owner at least 90 days before the rent increase goes into effect or as <br />required by the MRL. <br />Special Circumstances Households <br />The proposed Ordinance addresses Mobilehome Owners whose incomes and capacity to pay <br />rent are limited based on objective factors. The Ordinance provides protections from capital <br />improvement pass-throughs to “Special Circumstances Households” based on the following <br />objective factors: <br />·One (1) resident that is sixty-two years of age or older; or <br />·One (1) resident qualified as disabled as defined by Title 42, United States Code section <br />423 or handicapped as defined by California Health and Safety Code Section 50072; and <br />·A total household income that is below fifty percent (50%) of the Alameda County area <br />median household income as established annually by the U.S. Department of Housing and <br />Urban Development, or closest equivalent if the HUD income limits no longer exist. <br />Exemptions <br />The proposed ordinance recognizes that California state law provides for certain exemptions that <br />preempt local law including the following: <br />·Newly constructed Mobilehome Spaces initially held out for rent after January 1, 1990. <br />·A Mobilehome Space upon which there is a Mobilehome that is not the principal or <br />primary residence of the Mobilehome Owner. <br />·Civil Code Section 798.17(b) allows an exemption from any city ordinance that establishes <br />a maximum amount that a landlord may charge a tenant if there is a different rent amount <br />allowed in a signed rental agreement. This is allowed only while the rental agreement is <br />active and has not lapsed. <br />Page 4 City of San Leandro Printed on 5/14/2019
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